You must Sign In to post a response.
  • Category: Miscellaneous

    Popular majority not a defence for arbitrary actions of Government.

    Chief Justice of India while delivering a speech at a public event in Vijayawada, Andhra Pradesh said that the popular majority is not a defense for arbitrary actions of the government. The legislative, executive, and judiciary are the three important pillars of the democracy created by the Constitution of India. The judiciary has the important role of reviewing the legality of the actions taken by the legislative and the executive. All the actions taken by these two should be within the ambit of the Constitution of India and the legal scope of our country. These days we find that the governments are taking arbitrary actions and passing laws without much discussion. Some of the laws are repealed under the scrutiny of the judiciary. When an action taken by the government or the executive fails the judicial review, it is their duty to see that corrective measures are taken. The Cheif Justice observed that there is a tendency to disregard, and even disrespect Court orders by the executive. There are some incidents of the secretaries to the government being called before the court for their failure to respect the orders of the judiciary.

    A democracy without judicial review will be a failure. The governments and the executive should never disregard the orders of the judiciary.
  • #748622
    The executive should work under the framework created by the constitution of India. They should not go all out to do whatever they like as they have the majority in the parliament or the assembly. That is very true. The observations made by the Chief Justice of India are very apt. The present happenings in the state of Andhra Pradesh are really pathetic and every time the Hign court has to go to the rescue of the public. Even that party ventured to complain aginst the present CJ to the then CJ of Supreme Court of India. I am not limiting my discussion to AP alone but I have given the above examples as the meeting was held in AP.
    All the three wings of the Indian Constitution namely the legislative, executive, and judiciary should work under the ambit of the Indian constitution and the Judiciary can intervene anytime if they find that something is going against the constitution and there is the president the supreme who can control the executive.

    drrao
    always confident

  • #748628
    When Govt tries to amend the constitution to remove the confusing and conflicting clauses then there is a big opposition by the quarters of the society or opposition groups which are affected by those changes and they will either go to court or make agitations. Judiciary has a great role in the democracy and they go by the constitution and directive principles of the state policy. In a scenario where new rules are being brought by the Govt in a good speed the judiciary is loaded with a lot of work and it becomes a challenge for them to decide what is wrong and what is right. In that confusion judiciary also makes some remarks which are neither in support of the Govt nor public but appear to be rather academic in nature. So as we say that legislative, executive, and judiciary are the there legs of the democracy but they are so only till they work in a cohesive way.
    Knowledge is power.

  • #748638
    For that matter there was always a face off and disagreements between the executive and judiciary and each one feels they are above the law and thus invoke their rights to stay tight on the issues and matter. But I feel when democracy was bestowed on a party to take stern decisions on the matters to which they made the poll promises and also bring in drastic changes in the governance, nothing wrong as long as the decisions affect the majority. If this observation made by CJI has to be followed, then Indira Gandhi has shown the way has to how to disregard the court orders when she was de-seated from the power by Allahabad High court and therefore Congress also knows that executive has more powers than judiciary and executive would also transfer the judge at the helm if he or she going against the govt outlook.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #748640
    Our constitution is very vast and at times there are different interpretations of the clauses by different people. People who have a thorough knowledge of law and law related matters can always bring a new interpretation and twist to the constitutional clauses when seen in light of a particular case. Judges also have a good background in law and law related complications and they are always presented new challenges while dealing with a court case. It will be too much to expect from judges to give a unique and consistent judgement every time. It is not possible because of the highly complicated area of law and its interpretation. Still in majority of cases they are able to give a profound and prudent judgement. It is a fact that our constitution requires continuous improvement and our judiciary also requires revamping and readjusting to the changing political scenario in our country. For an example if government promulgates laws for population control seeing the unemployment and huge shortage of resources for such a large population in our country then judiciary will never go against it as it is a national requirement.
    Knowledge is power.

  • #748642
    No one is above law. Democracy is not bestowed on any party. The party which gets the majority is entrusted with the governance. The Constitution of India is supreme and whichever party comes to power has to govern within the provisions of the Constitution. Judiciary has the responsibility to see that the legislature and the executive act within the Constitutional provisions. They cannot disregard it.
    Whatever laws are enacted by the party in power should be within the Constitutional provisions. There cannot be any deviation in this matter. Whatever poll promises given by the political parties should be within the Constitutional validity.
    The Constitution of India is amended from time to time according to necessity. So far the Constitution of India is amended 105 times as of October 2021. Anyone who thinks that the popular majority is sufficient to take arbitrary actions is blind to the Constitution and may be termed as anti-national.

    " Be Good and Do Good "

  • #748661
    The author says that the constitution is supreme and the party in power has to govern within its ambit and if that holds good then why so many amendments were made during the Congress rule and era only to facilitate their stake of rule to be levied and implied. And when the people has given overwhelming majority to a single party that is the super power given through votes and the government in position has the right to enact new rules and laws acceptable to all and if not with some arrangements of give and take. What we are lacking is the constructive opposition which is not working with useful suggestion and tips to the government , instead criticizing every good move thus proposed. And the opposition always has the right to reverse those orders and decisions done by this govt, once they come back to power by chance.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #748663
    The legislative and executive will have a free hand to work without deviating from the guidelines given in the constitution. As opined by other members there are instances where the constitution was amended to meet the changing needs and conditions of the nation and society. If they are in the good interest and done keeping the public in mind., I think the judiciary need not and may not interfere. But when some people with good or bad intentions go to the court, the judges should thoroughly study the issue and come out with a possible impartial verdict so that the democracy in the country will be protected. Sometimes when the issues are serious the court may take up the issue on its own and warn the governments. This all should happen in the good interests for the cause of society only.
    drrao
    always confident

  • #748668
    The needs of society are dynamic and do not remain static. The economic, and social conditions of the country change continuously. The Constitution drafted at one point in time may become inadequate and may need some amendments. The amendment to the Constitution is a continuous process considering the changes in the country.

    The government has to make the laws within the scope of the Constitution. The judiciary has the power to review the laws enacted by the government without which the functioning of the democracy will not be proper.

    " Be Good and Do Good "


  • Sign In to post your comments